2020 200285 Child support for change

A

Section B.

C

July 28, 2020

1. The claim of this case is dismissed.

2. Trial costs shall be borne by the claimant.

The child support of the principal of the case pursuant to the child support statement for the case of applying for confirmation of intention of divorce between the claimant and the other party shall be changed as follows. The claimant shall pay to the other party the child support of the principal of the case from February 1, 2020 to the day before the principal of the case reaches age of majority as the child support of the principal of the case:

1. Facts of recognition;

In full view of the records and the overall purport of the examination of the case, the following facts are acknowledged.

In other words, after completing a marriage report, the claimant and the other party had the principal of this case under the chain, but the consultation was married on April 6, 201. At this time, the applicant determined the person with parental authority and the person with custody of the principal of this case as the other party, and the claimant paid 60,000 won per month to the other party as child support until the date the principal of this case becomes adult. From that moment, the other party is fostering the principal of this case. The other party filed an application for an order to pay the principal of this case with the Busan Family Court 2017 businessz281, which did not pay the child support at all, and the above court ordered the applicant to pay KRW 16 million out of the unpaid child support on September 3, 2018 to pay KRW 80,000 between 20 months in installments. Nevertheless, the claimant did not pay the child support, and on April 15, 2019, the other party applied for the enforcement of the obligation of detention as the same court No. 20194, Feb. 27, 207, 201.

2. Determination:

The claimant has paid 175 million won to the other party by transferring the ownership of the 1/2 share of the apartment of this case to the division of property. The claimant has sought to reduce the child support to KRW 300,000 per month on the ground that it is difficult to pay the 600,000 won per month of the child support determined at the time of divorce because there is no particular income due to failure of business and health problems.

On the other hand, the following facts are revealed in addition to the overall purport of the records and examination of this case: ① the claimant transferred the ownership of 162 million won of the apartment of this case to the division of property, while divorced with the other party; ② the other party transferred the right to the secured debt of 120 million won of the maximum debt amount and the secured debt of 10,000 won with respect to the above apartment from the claimant; ② the other party cannot be deemed to have received a considerable amount of money to the extent that it is difficult to conduct economic activities; ② the materials submitted by the claimant are insufficient to view that the health of the claimant is difficult; ③ the claimant failed to perform the minimum duty as the father of the principal of this case, ③ the other party did not pay the child support for a long time after divorce, ③ the other party did not request the payment of the child support, and the other party did not request the payment of the child support for his/her occupation and welfare, etc., and the other party did not request the payment of the child support for his/her own welfare.

3. Conclusion

Thus, the claimant's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

July 28, 2020

Judges Don-Support